ARPOOKKARA GRAMA PANCHAYAT Vs. SUPERINTENDENT OF POLICE KOTTAYAM

JUDGEMENT

(1.) The respondents herein were before this Court earlier seeking rehabilitation and a batch of writ petitions were disposed of by Ext.P1 judgment. The judgment was dated 14.12.2016, but even now, the party respondents herein, who were the petitioners in the earlier litigation, have not vacated the premises and the Panchayath has not been able to put in motion the development activities of construction of a new shopping complex and bus stand. The Panchayath, this time around is the petitioner and seeks police protection to vacate the occupants.

(2.) The 6th respondent is no more and his legal heirs have been impleaded as respondents 38 to 40. The learned Counsel for the Panchayath submits that respondents 5 and 8 to 16 were not entitled for rehabilitation. This Court finding other persons, similarly situated having been promised rehabilitation for reason of a contribution made, had extended similar consideration in the case of these respondents also. Respondents 19 to 32 were even otherwise entitled to rehabilitation, but however, they also have to contribute to be enabled such rehabilitation. The vacant possession of the premises now occupied by the party respondents are required for the construction of the new building, in which the rehabilitation is also proposed on the basis of contribution. Though the respondents were directed to vacate the premises, that has not been done till now and there is stiff opposition; misinterpreting the directions in the judgment and in such circumstances, the Panchayath seeks police protection to get the party respondents evicted.

(3.) The party respondents 7, 17, 18, 36 and 37 were even otherwise found disentitled. In such circumstances, they would have to be vacated immediately and they shall be given one month's time from the date of receipt of a certified copy of this judgment, by a notice issued through registered post by the Panchayath. Such a direction is issued, since the said respondents, though having been served with notice, did not appear before this court.